Which way Ohaga? KVF officials in court to stop elections

The administration of the Kenya Volley Ball Federation (KVF) is headed for a major clash with a section of the officials agitating for the suspension of the elective quadra-annual general meeting on Saturday where the national executive committee (NEC) officials will be elected.

And the Sports Disputes Tribunal of Kenya (SDT) will determine on Thursday (April 27) whether the national elections for the Kenya Volleyball Federation (KVF) will proceed on Saturday as scheduled against a backdrop of allegations that they don’t meet the federation's legal threshold.

In a bid to fast-track a dispute filed 14 members and officials of the committee running volleyball activities, the SDT chairman John Ohaga directed all the parties involved to file evidence by Wednesday to enable him give a fair decision.

The claimants argue that only four counties have met the legal requirements to participate in the election of National Executive Committee (NEC).

The KVF constitution requires officials elected from 47 counties participate in the election of the national office of the sport.

Although the claimants have faulted notices to convene the elective AGM, KVF lawyer Geoffrey Lang'at has defended the move saying the Sports Registrar acted in accordance with the law.

Lang’at urged Ohaga to strike out the case by the 14 claimants to pave way for the election of KVF national committee to oversee activities of the sport.

Lang’at, who has filed a preliminary objection to the case filed by the claimants among them Moses Mbuthia, John Odhiambo Ogara and Ebrahim Efumbi, says the Ohaga-led tribunal lacks jurisdiction to entertain the case.

“This tribunal lacks jurisdiction to entertain the leadership dispute as the issues raised do not fall within the scope of disputes the tribunal deals with,” Lang’at states in the objection.

He further says the application to suspend the elections of national officials of KVF offends Section 58 of the Sports Act 2013.

Lang’at says the application by the claimants is misconceived and abuse of the tribunals process.

The claimants - Mbuthia, Efumbi, Ogara, John Gitari, Ngala Birgen, David Leting, John Wambaya, Okanda Mangala, Adhe Huka, Baldin Mengo, Onsongo Nicodemus, Celectione Odiwuor, Eityang Wamai and Mbabu Mureithi - are asking the tribunal to suspend the elections arguing only four counties out of 47 which must participate in the Saturday events have met the legal requirement.

Ogara states the Sports Registrar issued notices for the election of national officials “whose contents are not in line with the respondents’ constitution.”

“KVF on or about April 15, 2023 purportedly circulated elections guild lines and regulations dated March 6, 2023 whose contents do not conform with the Constitution of the federation,” says Ogara.

He adds that guidelines do not mention branch elections whose three delegates (representatives) will ultimately elect the National Executive Committee on Saturday.

“The defective notice was flagged by the Sports Registrar vide her letter of April 13 2023 to the effect that the provisions of Section 20 (2) of the Sports Regulations have not been met,” Ogara states.

Further Ogara discloses that “despite the fact that KVF had only four registered county volleyball associations as at March 30, 2023 against a minimum threshold of 24 volleyball associations, it went ahead to issue a final notice dated April 8, 2023 without meeting the quorum of county volleyball associations (branches).”

Ogara says the Sports Registrar has moved the national elections event from Nyayo to Roasters Hotel along Thika road.

For branches to qualify for the national event they must submit their application for registration under the Sports Act, 2013.

Thirty three counties are yet to be registered as members of KVF despite submitting applications in 2022.

The timeline set for county branches to send names of their representatives and or / delegates to the secretariat of KVF to participate and vote in the annual general meeting was on Tuesday.

It is only the four counties who are eligible to participate in the Saturday national elections.

Lawyer Paul Nyamodi, acting for the claimants, says the KVF on March 23 issued a notice for an elective quadra-annual general meeting for Saturday before the 47 counties hold and conduct their elections to constitute branch committees.

“The 47 counties based branches of KVF must first conduct and hold their elections to constitute their executive committees from where they will appoint and / or nominate three (3) delegates to represent them in KVF annual general meetings,” Nyamodi says.

In the absence of the county based branch delegates, the Saturday event is a nullity, the claimants content.

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